Garnishment, Attachment and Pension Diversion Act

Marginal note:Where pension benefit not immediately payable — Public Service Superannuation Act

• 35.1 (1) Where a person against whom there is a valid and subsisting financial support order

  • (a) has ceased to be employed in the Public Service,

  • (b) is not a recipient but has exercised an option for a deferred annuity under section 12 or 13 of the Public Service Superannuation Act or is entitled to exercise an option for a deferred annuity under either of those sections, and

  • (c) has reached 50 years of age but has not yet reached 60 years of age,

  a person entitled to support under the financial support order may apply for an order under subsection (2) to any court in Canada that has jurisdiction to make a financial support order.

• Marginal note:Order

  (2) A court to whom an application is made under subsection (1) may make an order deeming the person against whom there is a valid and subsisting financial support order to have exercised an option under section 12 or 13 of the Public Service Superannuation Act in favour of an annual allowance payable as of the date of the making of the order under this subsection if the court is satisfied that

  • (a) there is an extended pattern of non-payment of the financial support order; and

  • (b) the person making the application has taken reasonable steps to enforce the financial support order through other means.